Assembly Bill A5485

2017-2018 Legislative Session

Prohibits an employer or educational institution from requesting that an employee or applicant disclose any means for accessing an electronic personal account

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A5485 (ACTIVE) - Details

See Senate Version of this Bill:
S1573
Law Section:
Labor Law
Laws Affected:
Add §201-g, Lab L; add §115, Ed L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9654, S6831
2013-2014: A443, S2434
2015-2016: A4388, S6871
2019-2020: A2479, S5544
2021-2022: A1861, S615
2023-2024: A836, S2518

2017-A5485 (ACTIVE) - Summary

Prohibits an employer or educational institution from requesting or requiring that an employee, applicant or student disclose any user name, password, or other means for accessing a personal account or service through specified electronic communications devices.

2017-A5485 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5485
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Labor
 
 AN  ACT  to  amend  the  labor law and the education law, in relation to
   prohibiting an employer or educational institution from requesting  or
   requiring  that  an  employee,  applicant or student disclose any user
   name, password, or  other  means  for  accessing  a  personal  account
   through specified electronic communications devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The labor law is amended by adding a new section 201-g  to
 read as follows:
   §  201-G.  REQUEST  FOR ACCESS TO PERSONAL ACCOUNTS PROHIBITED. 1. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING WORDS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "APPLICANT" MEANS AN APPLICANT FOR EMPLOYMENT.
   (B)  "ELECTRONIC  COMMUNICATIONS  DEVICE"  MEANS  ANY DEVICE THAT USES
 ELECTRONIC SIGNALS TO CREATE, TRANSMIT, AND RECEIVE INFORMATION, INCLUD-
 ING, BUT NOT LIMITED TO COMPUTERS, TELEPHONES, PERSONAL DIGITAL  ASSIST-
 ANTS AND OTHER SIMILAR DEVICES.
   (C)  "EMPLOYER"  MEANS  (I)  A PERSON OR ENTITY ENGAGED IN A BUSINESS,
 INDUSTRY, PROFESSION, TRADE OR OTHER ENTERPRISE IN THE STATE; OR (II)  A
 UNIT  OF  STATE  OR  LOCAL GOVERNMENT; AND (III) SHALL INCLUDE AN AGENT,
 REPRESENTATIVE OR DESIGNEE OF THE EMPLOYER.
   (D) "PERSONAL ACCOUNT" MEANS AN ACCOUNT OR PROFILE  ON  AN  ELECTRONIC
 MEDIUM  WHERE  USERS MAY CREATE, SHARE, AND VIEW USER-GENERATED CONTENT,
 INCLUDING UPLOADING OR DOWNLOADING VIDEOS OR STILL  PHOTOGRAPHS,  BLOGS,
 VIDEO  BLOGS,  PODCASTS, INSTANT MESSAGES, OR INTERNET WEB SITE PROFILES
 OR LOCATIONS THAT IS USED BY AN EMPLOYEE OR AN APPLICANT EXCLUSIVELY FOR
 PERSONAL PURPOSES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01236-02-7

              

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